FEATURES OF EXPERT STUDY OF ETHICS, WHICH IS REGISTERED AS TRADE MARKS OR POWDER SAMPLES: RESOLUTION OF THE QUESTION

Abstract

The analysis of the tasks solved by the court experts of the Industrial Property Law Laboratory of the Research Center for Forensic Examination on Intellectual Property of the Ministry of Justice of Ukraine in the course of expert investigations, namely related to such industrial property objects as trademarks (marks for goods and services) and industrial designs that have been completed over the past three years indicate a significant and steady increase in those that were caused by copying or tampering with the appearance of the goods. From the standpoint of forensic examination of the intellectual property objects, the features of such objects of industrial property rights as trademarks (marks for goods and services) and industrial designs embodied in the labels are considered. It is noted that the properties of such industrial property objects as industrial designs and trademarks (marks for goods and services) when used are often intertwined, which leads to an increase in the number of conflicts between the right holders and, accordingly, the need for expert research is constantly increasing. It was noted that the possibility of rapid obtaining a patent for an industrial design without a qualification examination, as well as specific properties of trademarks (marks for goods and services) and industrial designs protected as labels determine the peculiarities of expert research in resolving disputes concerning these objects and related rights during conducting of examinations in the field of intellectual property. The necessity of the development of methodological recommendations for the research of labels registered as trademarks for goods and services, which together with other existing recommendations, should be grounded by Research works «Methodology of research of trademarks (marks for goods and services)», which is intended for direct use by the experts of the Ministry of Justice of Ukraine during expert research in the field of intellectual property; advanced training of forensic experts and training of young specialists; can be used by the employees of investigating and court bodies when appointing an examination, etc. It is noted that before the work related to the development of these guidelines for conducting expert research that take into account the peculiarities of the legal protection of the labels, the leading experts of the state expert institutions of the Ministry of Justice of Ukraine should be involved in the first place. The creation of a new methodology will lead to shorter terms of expertise, material and labour costs, reduce the number of outstanding issues, improve the scientific level and completeness of solving expert tasks, etc.